Final project video - Lura

Summary

In the transcript, a supervisor named Carol discusses workplace issues with an HR representative. She admits to denying an employee's FMLA leave due to staffing concerns, unaware of the legal requirements. Carol also addresses a disciplinary action against an employee for filing workers' comp claims, citing frustration with frequent injuries. Additionally, she expresses discomfort with accommodating a transgender employee's pronouns, reflecting a lack of understanding of anti-discrimination laws. The conversation highlights the need for policy review and sensitivity training to ensure legal compliance and workplace respect.

Takeaways

• 😕 The supervisor, Carol, denied an employee's FMLA leave due to staff shortages and a misunderstanding of FMLA policies.
• 🤔 Carol expressed her lack of knowledge about FMLA and the necessity of approval when eligibility criteria are met.
• 🛠️ There is a suggestion for training to ensure supervisors understand and apply FMLA and other relevant policies correctly.
• 🚫 Carol disciplined an employee for filing workers' compensation claims, unaware that it's prohibited by law.
• 📚 It's recommended that policies regarding workers' compensation should be reviewed and communicated to avoid legal issues.
• 😡 Carol showed frustration with a transgender employee's identity and pronoun preferences, reflecting a lack of understanding and sensitivity.
• 🏳️‍🌈 The Civil Rights Act and New Hampshire law prohibit discrimination based on gender identity, including in the workplace.
• 👥 The conversation highlighted the need for broader training on diversity and inclusion to address new and evolving workplace dynamics.
• 😅 Carol's comments about the transgender employee indicate a need for personal growth and understanding of different identities.
• 📝 The importance of documenting policy violations and ensuring compliance with federal and state laws was emphasized.
• 🔑 The supervisor is encouraged to correct oversights and engage in policy reviews to prevent potential disciplinary actions.

Q & A

Why was FMLA leave denied to the employee who wanted time off to care for their spouse?

The supervisor denied the FMLA leave because they were already short-staffed due to another employee being on FMLA leave. They felt they couldn't afford to be without another person and made a decision based on their current staffing situation.

What is the legal requirement regarding FMLA leave approval?

Federal law requires that FMLA leave be approved when the eligibility criteria are met, and distinctions based on the relationship to the person needing care cannot be made.

What is the supervisor's understanding of FMLA policies prior to the conversation?

The supervisor had limited understanding of FMLA policies, believing that it was the responsibility of the central office to understand such laws, and they were not aware of the legal requirements.

What does the supervisor suggest as a solution to ensure clarity on policies moving forward?

The supervisor is open to training and reviewing the FMLA policy together to ensure clarity and compliance in the future.

What was the reason for the disciplinary action against the employee who filed workers comp claims?

The supervisor disciplined the employee because they believed the employee was frequently getting injured and taking advantage of the system, and they wanted to prevent other employees from seeing this as a rewarded behavior.

What is the legal stance on disciplining employees for filing workers comp claims?

New Hampshire revised statutes prohibit employers from disciplining or retaliating against employees who file workers comp claims.

What is the supervisor's initial reaction to the transgender employee's situation?

The supervisor expresses frustration and confusion, referring to the situation as new territory and indicating a lack of understanding and acceptance of the employee's gender identity.

What does the law require in terms of respecting a transgender employee's name and pronoun preferences?

The Civil Rights Act and New Hampshire law prohibit discrimination based on gender identity, requiring employers to respect an individual's name and pronoun preferences.

What steps are suggested to address the issues raised in the conversation?

Suggested steps include reviewing FMLA and workers comp policies, providing additional training on these issues, and addressing gender identity discrimination through broader training.

What are the potential consequences for a supervisor who continues to engage in non-compliant behavior?

If the behavior continues, there could be disciplinary consequences such as suspension without pay, demotion, or removal from supervisory roles.

What is the supervisor's final understanding and agreement on moving forward?

The supervisor agrees to review the policies, participate in additional training, and is reassured that there will be no immediate disciplinary consequences as long as they follow through with the corrective actions.

Outlines

00:00

🤔 Supervisor's FMLA Denial and Staffing Concerns

In this paragraph, a supervisor named Carol discusses her decision to deny an employee's request for Family and Medical Leave Act (FMLA) leave to care for their spouse recovering from surgery. She cites being short-staffed and the need to prioritize existing staff as her reasoning. The conversation highlights a misunderstanding of FMLA requirements, leading to a suggestion for policy clarification and training to ensure compliance with federal law, which mandates approval of FMLA leave when eligibility criteria are met.

05:01

🚫 Disciplinary Action Against Worker's Comp Claimant

The second paragraph delves into a disciplinary action taken against an employee who frequently filed workers' compensation claims. The supervisor expresses frustration with the employee's frequent injuries and the impact on the team. However, it is clarified that under New Hampshire revised statutes, there is a law prohibiting employers from retaliating against employees who file workers' comp claims. This leads to a discussion about the need for policy review and training to prevent such misunderstandings and ensure legal compliance.

10:03

🏳️‍🌈 Addressing Discrimination and Transgender Employee Issues

In the final paragraph, the conversation turns to issues surrounding a transgender employee who has experienced taunting and improper pronoun usage. The supervisor expresses personal discomfort and a lack of understanding regarding the situation. It is explained that both the Civil Rights Act and New Hampshire law prohibit discrimination based on gender identity, including the requirement to respect an individual's name and pronoun preferences. The paragraph concludes with a plan for broader training and policy review to address these issues and ensure a respectful workplace environment.

Keywords

💡FMLA (Family and Medical Leave Act)

The Family and Medical Leave Act is a U.S. federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. In the video, it is a central issue where Carol denies an employee's request for FMLA leave to care for their spouse recovering from surgery, highlighting a misunderstanding of the law's requirements.

💡Supervisor

A supervisor in this context refers to a person who oversees the work of other employees, often having the authority to make decisions regarding staffing and leave requests. Carol, as a supervisor, is responsible for understanding and applying FMLA policies correctly, which is a key point of discussion in the video.

💡Staffing

Staffing refers to the process of filling positions within an organization with qualified employees. In the video, Carol's decision to deny FMLA leave is influenced by her concern about being understaffed, indicating a common challenge in balancing employee needs with operational requirements.

💡Workers Compensation

Workers compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. The video discusses an incident where an employee is disciplined for filing workers compensation claims, which raises legal issues regarding employee rights.

💡Retaliation

Retaliation in an employment context means taking adverse action against an employee for engaging in legally protected activities, such as filing a workers compensation claim. The video script reveals a misunderstanding of this concept, as Carol is unaware that disciplining an employee for such claims is prohibited by law.

💡Transgender

Transgender refers to individuals whose gender identity differs from the sex they were assigned at birth. The video addresses a situation where a transgender employee faces taunting and misgendering, which is a form of discrimination under federal and state laws.

💡Pronoun

A pronoun is a word that takes the place of a noun in a sentence. In the context of the video, using the correct pronouns for a transgender employee is a matter of respect and legal compliance, as misgendering can be considered a form of discrimination.

💡Civil Rights Act

The Civil Rights Act of 1964 is a landmark U.S. federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. The video explains that the act has been interpreted to include gender identity, making discrimination against transgender individuals illegal.

💡Discrimination

Discrimination refers to the unfair treatment of a person or group based on certain characteristics, such as gender identity. In the video, Carol's actions and attitudes towards a transgender employee exemplify discrimination, which is against federal and state laws.

💡Training

Training in this context refers to educational programs designed to inform employees about their rights and responsibilities, including legal compliance. The video suggests that additional training for Carol and other supervisors is necessary to ensure they understand and apply policies correctly.

💡Policy Review

A policy review is the process of examining and updating organizational policies to ensure they are current, clear, and compliant with laws. The video script indicates that a policy review is needed to address misunderstandings and ensure that Carol and other supervisors are aware of their legal obligations.

Highlights

Carol's initial concern about the duration of the meeting due to her busy schedule.

Discussion of denying FMLA leave to an employee for personal reasons, highlighting staff shortages.

Clarification that FMLA leave must be approved when eligibility criteria are met, regardless of staff levels.

Carol's lack of awareness about FMLA policies and the suggestion for training to address this.

Proposal to review FMLA policy together to ensure clarity moving forward.

Acknowledgment of Carol's concerns about being understaffed and the plan to address them.

Carol's reasoning for disciplinary action against an employee filing frequent workers' compensation claims.

Explanation of the legal prohibition against retaliating against employees who file workers comp claims.

Suggestion for group review of policies in managerial meetings to ensure understanding.

Carol's struggle with understanding and respecting a transgender employee's identity.

Legal information on the Civil Rights Act and its extension to gender identity discrimination.

Proposal for broad training on gender identity and federal/state laws to foster understanding.

Carol's realization of the need for policy adherence and the potential consequences of non-compliance.

Assurance that Carol is valued and that the meeting aims to correct oversights, not to discipline.

Plan for policy review and additional training to ensure legal compliance and avoid disciplinary actions.

Carol's agreement to participate in policy review and training to improve understanding and compliance.

Final summary of the meeting's objectives and next steps for Carol to ensure legal and policy adherence.

Transcripts

go

ahead hi Carol thanks you so much for

coming in today how's your afternoon

going um you know it's good but I'm

really busy so you know is this going to

take

long see I don't think it will um I'm

hoping that you could clarify a few

situations for me um it was shared with

me that you denied FMLA leave to an

employee who wanted some time off to

care for their spouse who was recovering

from surgery yeah and I was hoping thank

you I was hoping that you could walk me

through your reasoning for denying this

request so um yeah this this guy he said

he needed Lee for his wife um I'm really

short staffed I already have somebody

who's out um on FMLA for themsel so I

kind of had to make a choice and figure

out I can't do without yet another

person so um since it's just his wife I

said you know no take it another

time okay thank you for clarifying for

me um I definitely understand your

desire to minimize disruption um that

makes a lot of sense to me uh fil La if

it helps to know if we can clarify this

fil La doesn't allow us to make uh

distinctions like that the Federal Law

requires that we approve FMLA leave when

the eligibility criteria are met

um how am I supposed to know that

so right that's a great question and I

was wondering how we could make sure

that you do know do you have some ideas

about how what we could do to make sure

that those policies are clear going

forward well I mean I'm I'm a supervisor

and like I'm on the front line with

these people and

I saw it as like a a a a leave request

that was going to put me even deeper in

the whole with Staffing so I don't I

don't know or understand FMLA um I don't

know I felt like that's that's for you

guys up in the central office to

understand so should I have training I

don't

know right I think that would be great I

was actually wondering um if we could do

training and I'm wondering if it might

be helpful for you and I to look at the

fote policy together to make sure that

it is clear moving

forward yeah I think so if um if I'm

making mistakes um I'm just doing it

based on what I know so obviously I

don't know enough I guess yeah and I

think moving forward uh we can also put

in a a set of checks if that makes you

feel more comfortable yeah yeah yeah and

we can and we can talk about too your

concerns about being underst staffed are

of course completely valid and we would

want to address those in those

conversations okay yeah I don't want you

feeling short staffed that sounds great

all right is that

it uh and then I was hoping

to okay well I we I have in front of me

that um there was a disciplinary action

against an employee for file filing some

workers compensation claims

and I

was more deeply understand your

reasoning

there yeah um seems like our connection

might be a little bad can you hear me

okay oh there you are oh there he is oh

de what happened it just disappeared I

think we froze yeah our connection was

getting a little bad is that okay yeah I

think this is better

okay so you said that you you were the

workers comp what did you say yeah so I

understand that there was an employee

that was disciplined for filing uh

workers comp claims and I was hoping to

understand your reasoning there oh yeah

so let me just tell you about this guy

gets injured all the time always out out

out out filing workers comp claims and

you know this time I

suppose maybe there was more validity to

it um it was you know the begin

beginning of the summer you know we have

all that work to do in these

classrooms um he didn't want to go up

but I told him he had to we had a table

I put a ladder up there I I made him

climb up onto the table and onto the

ladder to get you know teachers hang

stuff from the ceilings all the time

muted him to yank that down and he fell

and so you know I saw it he probably

really hurt himself but I just don't

want like other there were other

employees I don't want everyone to see

that this kind of thing like gets

rewarded that they're out all the time

so I just said enough is enough you know

suck it up buttercup let's just get to

work I yeah I understand your point of

you and I I yeah that sounds really

frustrating if this can keeps keeps

happening the thing is for me I have to

go back to uh the New Hampshire revised

stat statutes and there's actually a

specific law that prohibits employers

from disciplining or retaliating

employees who file workers comp claims

um so this was something that if a claim

was filed we do have to allow it to walk

walk through the system uh and again

there's a law that says that we can't

retaliate against those employees as

frustrating as that might feel oh I

didn't know that I just thought you know

basically that he had reached his limit

of the number of times he can get hurt

so

right I can see how you would think that

um maybe does it feel like this would be

another place where we could just sit

down and uh talk about those policies

and I'm wondering too if maybe just in

the larger managerial meetings the team

leads maybe we should be going over this

um in in those groups too does that feel

like that would be help full sort of a

group review and maybe a one-on-one

review yeah I like that idea because um

I don't know that I don't think I'm the

only supervisor that doesn't understand

this yeah I'm sure I'm sure you're not

the I'm sure not the only one uh so I

think that this will be helpful for many

people at the school to have the

opportunity to get their eyes on some of

these policies okay yeah I like that

okay uh so one more one more thing

before you go Carol thank you again for

your time um so I'm I was wondering if

you could tell me what's been happening

with a transgender employee in your

department what do you

mean uh uh it's been shared with me that

there's been some taunting of this

employee and maybe some pronoun use that

isn't the pronoun that they want to be

using oh well don't even get me started

let me just tell you

this whole snowflake generation just

drives me nuts I mean I don't care what

she does at home but when she comes into

work like I feel like she just needs to

pick a lane one day she's you know I

hired a woman to do this work and now

she's saying that she I have to she has

to be you know called by a man's name

and man and I just can't keep it all

straight and it's you know honestly I

think it's something that's far outside

of the scope of what I should be doing I

just I don't agree with what she's doing

either personally

so yeah I feel like this is New

Territory for for so many for so many of

us

uh so the Civil Rights Act actually

prohibits discrimination based on sex uh

and the Supreme Court actually found

that this includes gender identity so

although

this situation uh might not

feel that it might feel new um there the

the law does say

that we need to respect those those

person's name choices and their the

gender that they wish to be referred to

as and there's actually uh New Hampshire

law as well that explicitly prohibits

discrimination based on gender

identity um and this again sounds to me

like because it's so new I'm wondering

if there could be an opportunity for for

more broad training yeah I mean we work

in a school so I know there are kids

that that are trans but I I've never

known an employee to be and figure is

just my luck it's one of my people and I

mean I kind of yeah I mean I was

joking with them and obviously it sounds

like they didn't think was funny if you

know about

it and I I understand it's fun to joke

and I understand the value in building

camarad um and I think that we can just

look to federal and state law in this

instance to help us decide what those

appropriate behaviors are such as using

the requested name and gender um so I

think this is an this is an easy an easy

thing to correct and again I think some

additional training and as you say we

have those resources to hand because we

do uh provide those trainings to our

students um so we've got some great

resources that we could absolutely share

uh so just to wrap up in terms of moving

forward does it still sound good to

review uh the fuma policy the workers

comp policy and get some additional

training around those issues and then

also uh gender and and the Civil Rights

Act yeah I mean that sounds great I I

didn't feel I didn't realize that these

things were all piling up in am I you

know you're talking to me about three

different things am I in trouble here

should I be worried because you're

sitting down talking to me like that's

such a good question you're a very

valuable member of the team and so

you're here because I want to be sure uh

that you know your work is valued and

that there are just some instances that

need to be corrected so I do have to

document this um and I think if we walk

through our plan of policy review and

additional training and as long as we

make sure we're on the right side of

those federal and state laws I don't

anticipate there being disciplinary

consequences for you if the behavior

continues we'd have to have another

conversation and certainly articulate um

what would happen moving forward and I

don't anticipate that happening you're a

great employee Carol I think that you

seem interested in understanding these

laws and there is an oversight I would

say that they weren't um understood so

we can correct that um but if we had a

fictional person who chose to continue

to engage in this behavior that could

result in suspension um without pay or

even a you know a demotion or a move out

of supervisory roles because we do want

people who can model the law um you know

W within their employee group so again I

don't foresee any of that happening but

just to give some clarity as to what

might happen if there was a fictional

person uh who didn't follow through on

the action steps and um again just

engage with that those legal uh statutes

in the state and sched level okay all

right that makes sense okay awesome

Carol thank you so much for your time

and I'll be in touch about getting some

quick time on your calendar to start uh

going over some of those policies

because I want to be sure I do a good

job and making sure they're clear for

you okay great thank you thank you for

your time yes I know you're busy let me

let you go all right